[Ord. No. 693 §§I — V, 5-15-1995]
A. 
Adoption. The City of Hayti hereby adopts a Water Conservation Plan for water service and providing for enforcement of the same, which shall read as follows: (hereinafter referred to as the plan)
The plan would become effective upon a finding by the management of the Water Department that a probable water shortage problem exists. When it can be anticipated that there is a distinct possibility of a water distribution shortfall, the following plan will be implemented immediately. Requests for public cooperation would be made through the news media. This Section will effect only those citizens and commercial entities who receive water service from the Hayti Water Department.
B. 
Stages.
1. 
Stage I (voluntary). Request voluntary conservation effort and compliance with the following restrictions:
a. 
No washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, no pumping of fountain recirculating water.
b. 
No refilling of swimming pools with water furnished by the City.
c. 
No washing of cars, other motor vehicle, trailers or boats.
d. 
No water to be used for dust control.
e. 
No flushing of mains by Water Department personnel except to alleviate specific customer complaints.
f. 
Commercial and industrial users will be requested to conserve water as much as possible.
If, after the initiation of Stage I, weather conditions, expected trends in demand, or other factors indicate that the threat of a water shortage will continue, the additional provisions of Stage II will be implemented.
2. 
Stage II (voluntary). Stage I restrictions would remain in effect plus the following restrictions would also be requested:
a. 
No use of water from a fire hydrant except for fighting fire, human consumption, or use in connection with animals.
b. 
Watering of any lawn, garden, landscaped area, tree, shrub, or other plant shall be prohibited, except from a hand-held hose or container, or drip irrigation system. Such watering shall be permitted only at times designated by the management of the City Water Department.
c. 
Commercial and industrial users would be requested to reduce their water consumption by thirty percent (30%).
If, after the initiation of Stage II, weather conditions, expected trends in demand, or other factors indicate that the threat of a water shortage will continue or worsen, or if a serious problem or system emergency should develop, the mandatory measurers of Stage III would be implemented.
3. 
Stage III (mandatory).
a. 
No washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, no pumping of fountain recirculating water.
b. 
No refilling of swimming pools with water furnished by the City.
c. 
No use of water for recreational uses such as water slides or yard play.
d. 
No washing of cars, other motor vehicles, trailers or boats except from a bucket.
e. 
No water to be used for dust control.
f. 
No flushing of mains by Water Department personnel except to alleviate specific customer complaints.
g. 
No use of water from a fire hydrant except for fighting fires, human consumption, or use in connection with animals.
h. 
Watering of any lawn, garden, landscaped area, tree, shrub, or other plant shall be prohibited.
i. 
It would be mandatory that all large commercial and industrial users follow a previously submitted conservation plan for their operation which has been approved by the City Water Department. A customer that fails to submit a conservation plan would be subject to the penalties of Subsection (F) of this Section.
Depending upon the severity of the problem, the plan could revert back to Stage I or II or be cancelled as conditions improve.
C. 
Commercial And Industrial Plans.
1. 
Commercial and industrial customers must submit to the City Water Department a water conservation plan for their operation within one hundred twenty (120) days of the passage of this Section.
2. 
The conservation plan shall describe how the user intends to reduce water consumption during Stage III of the Water Conservation Plan. The goal of the required plan should be to reduce the customers usage by fifty percent (50%). Specific measures should be listed and described, i.e., water recycling, delaying routine watering of lawns and shrubbery, delaying routine washing of equipment and facilities, changes to processes requiring less water.
D. 
Notification Provision.
1. 
With respect to the mandatory provisions of this plan, a customer shall be deemed to have been notified and directed to reduce the use of water as set forth in the plan when the Mayor of the City of Hayti or his/her designated representative files such notice through the news media, except nothing contained herein shall be deemed to prohibit other means to notify persons of the need to reduce use of water in accordance with the plan.
2. 
Upon the Water Department taking steps to notify customers as set forth above, a customer shall be presumed to have notice and shall take steps to comply with the plan, except a customer may rebut such presumption by showing that the customer did not, in fact, have notice of the directions to comply with the provisions of this plan.
E. 
Compliance With The Plan.
1. 
All persons who receive City Water service shall be entitled to receive such water service only upon strict compliance with provisions of the plan.
2. 
It shall be unlawful for any person to violate the mandatory provisions of the plan when such person is directed to reduce or curtail their use of water as set forth in Stage III of the plan. A direction to reduce or curtail use of water shall be presumed when notice is given as set forth in the plan.
F. 
Penalties.
1. 
Any person, who shall violate any of the mandatory provisions of the plan pertaining to discontinuance, interruption, curtailment of the water service, or any large commercial or industrial user who fails to submit a conservation plan acceptable to the Water Department within one hundred twenty (120) days of the passage of this Section shall be subject to the penalties set forth by the Codes and ordinances of the City of Hayti.
2. 
Additionally, any large commercial or industrial user who fails to submit a conservation plan as required will be subject to termination of service during Stage III of the Water Conservation Plan at the discretion of the management of the City Water Department.
3. 
Any new customer who shall be required to file such a plan shall have a grace period of one hundred twenty (120) days from the date of service hookup to comply.